like_watching_paint_dry
02-27 04:23 PM
Since the CP guys are in minority here , if IV has to invest for them (read we all have to pay for them ) let us see how much they can contribute for their own provision. Let us see if each one of them contribute more than 500 dollars to IV and posts the paypal number.
Why should majority allow a provison for some minority who do not even want to first contribute.
It's not like IV is not addressing their problem with the current mandate. IV seeks to address the retrogression issue. If retrogression is addressed, it will benefit the minority CP filers just as much as the majority 485 filers.
These two (willwin and tinku) somehow fail to understand that big picture and are only interested in getting IV contributors to pay for their short term interests - all because they made a mistake, got greedy, gambled, thought they can beat the 485 filers to the finish line by going CP... bla-bla-bla.
Not on my dime.
Why should majority allow a provison for some minority who do not even want to first contribute.
It's not like IV is not addressing their problem with the current mandate. IV seeks to address the retrogression issue. If retrogression is addressed, it will benefit the minority CP filers just as much as the majority 485 filers.
These two (willwin and tinku) somehow fail to understand that big picture and are only interested in getting IV contributors to pay for their short term interests - all because they made a mistake, got greedy, gambled, thought they can beat the 485 filers to the finish line by going CP... bla-bla-bla.
Not on my dime.
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gcwait_07
11-03 10:57 AM
To all those republican homies on this thread....
a) Republican base is not you and me, in case you haven't noticed they either cater to big biz or to a specific "kind" of Americans.
b) Tea Party is basically opposed to many things including free trade and immigration. Like any other politician they might change when they have power, if they don't then hope things don't get worse.
c) Nikki Haley and Bobby Jindal don't represent us, they are American for all practical purposes. If anything they have distanced themselves from any indian heritage in their campaigns. Nothing to expect here.
d) Who is grassley who keeps making things tougher for us ? Not a democrat on last check.
e) In this era of high unemployment, of around 17% why would any party touch anything remotely connected to a despicable term called "H1B" ? Suicidal ?
Obama had a brilliant opportunity the first 2 years to do something, but he spent all his political capital on health care and financial reform. An opportunity lost.
The republican party of now is not the party during 80's or otherwise, they are a bunch of people who believe evolution is a myth with Sarah Palin as their leader, add the tea party element and they are about as right as you can get.
Forget about any bills, just hope there is no federal government lockout and USCIS stops working for a month.
a) Republican base is not you and me, in case you haven't noticed they either cater to big biz or to a specific "kind" of Americans.
b) Tea Party is basically opposed to many things including free trade and immigration. Like any other politician they might change when they have power, if they don't then hope things don't get worse.
c) Nikki Haley and Bobby Jindal don't represent us, they are American for all practical purposes. If anything they have distanced themselves from any indian heritage in their campaigns. Nothing to expect here.
d) Who is grassley who keeps making things tougher for us ? Not a democrat on last check.
e) In this era of high unemployment, of around 17% why would any party touch anything remotely connected to a despicable term called "H1B" ? Suicidal ?
Obama had a brilliant opportunity the first 2 years to do something, but he spent all his political capital on health care and financial reform. An opportunity lost.
The republican party of now is not the party during 80's or otherwise, they are a bunch of people who believe evolution is a myth with Sarah Palin as their leader, add the tea party element and they are about as right as you can get.
Forget about any bills, just hope there is no federal government lockout and USCIS stops working for a month.
beppenyc
03-16 03:18 PM
I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.
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anilsal
07-20 11:06 PM
E-Filed: May 30th, 2008
FP: June 26th, 2008
Card Production: July 23, 2008
Card Mailed: July 25, 2008
Card Received: July 28, 2008
2 year EAD. Starts day of approval. Loss of 2 months.
FP: June 26th, 2008
Card Production: July 23, 2008
Card Mailed: July 25, 2008
Card Received: July 28, 2008
2 year EAD. Starts day of approval. Loss of 2 months.
more...
gc28262
07-29 03:47 PM
This "me vs you" attitude is what is unhealthy. Having PD of June 2002 is nothing to be happy about, either for EB3-I or ROW. It is just pathetic. We should all be together in this. Asking for more visa numbers, recapture, etc would be more practical for us
I was answering in reference to his question.
For me, I want all categories to be current all the time :)
I was answering in reference to his question.
For me, I want all categories to be current all the time :)
onemorecame
08-10 12:42 PM
Yes, I did use LS.
But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.
Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.
And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.
Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.
And it was always legal to do it. And may be many people and employers misused it. Shout at those people.
As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.
And I bet, people who had an opportunity like me would do it.
And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.
And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.
Hi
I think you did good job that you accepted LS from your company.
I never used LS even though it was available at that time. But I don't hate who accepted this LS, I know it was legal and it�s for the company who can utilize their labor instead for waiting for approval of another labor.
I would like to say people who hate thus who used LS because they missed this or they never got chance to get LS, or they never had that much dare to pay the money and get that.
Dude nobody is "DHARMATMA" here. And don�t try to show that you are clean.
So please stop this non-sense and hating people who used LS. Just give your suggestion on post if anybody is looking for any suggestion. Otherwise just ignore it.
Thanks to all:)
onemorecame
But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.
Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.
And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.
Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.
And it was always legal to do it. And may be many people and employers misused it. Shout at those people.
As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.
And I bet, people who had an opportunity like me would do it.
And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.
And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.
Hi
I think you did good job that you accepted LS from your company.
I never used LS even though it was available at that time. But I don't hate who accepted this LS, I know it was legal and it�s for the company who can utilize their labor instead for waiting for approval of another labor.
I would like to say people who hate thus who used LS because they missed this or they never got chance to get LS, or they never had that much dare to pay the money and get that.
Dude nobody is "DHARMATMA" here. And don�t try to show that you are clean.
So please stop this non-sense and hating people who used LS. Just give your suggestion on post if anybody is looking for any suggestion. Otherwise just ignore it.
Thanks to all:)
onemorecame
more...
trueguy
10-23 05:21 PM
My point is "we should do something about it". How can we get some attention from Lawmakers about this chaos.
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arc
10-03 02:31 PM
Did Anyone In This Condition Got Fp?
more...
sandy_anand
11-06 03:10 PM
Baba says donate to IV and work with IV that will give you GC faster other wise wait for 10 year . Will you now donate some ?
Is the $25 monthly contribution available? I looked it up recently and only $50 and $100 monthly recurring are available.
Is the $25 monthly contribution available? I looked it up recently and only $50 and $100 monthly recurring are available.
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preddy2k
08-15 01:16 AM
Thanks heywhat and abhijitp
I will re-file it tommorrow.
I will re-file it tommorrow.
more...
hindu_king
06-01 02:49 PM
Below are similar bills that were introduced last year (pulled from the opencongress webiste). These bills didnt go anywhere. They just ended as "referred to judiciary commitee" or "refered to subcomittee on immigration". How will this bill be different from these bills? I got a feeling nothing will happen in the end, not even a vote in the senate. I hope I'm wrong.
H.R.5921 High Skilled Per Country Level Eliminatio... [4]
H.R.5882 To recapture employment-based immigrant v... [4]
S.3084 A bill to amend the Immigration and Natio... [2]
H.R.6039 To amend the Immigration and Nationality ... [2]
:confused:
H.R.5921 High Skilled Per Country Level Eliminatio... [4]
H.R.5882 To recapture employment-based immigrant v... [4]
S.3084 A bill to amend the Immigration and Natio... [2]
H.R.6039 To amend the Immigration and Nationality ... [2]
:confused:
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file485
01-06 06:09 AM
I would follow the advise of your immigration attorney on this one. Sometimes they ask for pay stubs, sometimes they do not. So I would follow what your attorney advises on you. Normally USCIS will not ask for W2's. However an embassy will, when you go for stamping. They will ask for W2 and your tax returns to verify if you got paid whatever is written on your application as your salary.
thanks Harsh...
I will not leave the country and go face-to-face of all the places on the earth to the Madras embassy..!!
Hopefully meanwhile, as always being hopeful my husbands EAD journey should reach and will switch on to that...
thanks Harsh...
I will not leave the country and go face-to-face of all the places on the earth to the Madras embassy..!!
Hopefully meanwhile, as always being hopeful my husbands EAD journey should reach and will switch on to that...
more...
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tonyHK12
11-11 05:13 PM
Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.
I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.
Yes but empirical evidence points to the contrary - About 100 something donors out of 45000
Some persons have trust issues with sending money to IV.
Guys Immigration voice is a non-profit, and as core group mentioned in their video, people can be arrested for misusing funds. The annual reports for previous years are available.
Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)
In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.
Yes people need to learn that we are small in number and need everyone to support each others cause. Even 5 bucks a month from everyone is enough to achieve the dream - average lunch money. Sometimes I'm surprised we're dealing with high skilled immigrants here.
While almost everyone has been in a situation of spending hundreds of dollars in immigration fees. I paid $1000 6 months back for premium processing.
Some people have experienced old corruption in Indian politics and think things are the same here. I assure you its not.
So whats the next excuse going to be now? laziness or boredom?
I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.
Yes but empirical evidence points to the contrary - About 100 something donors out of 45000
Some persons have trust issues with sending money to IV.
Guys Immigration voice is a non-profit, and as core group mentioned in their video, people can be arrested for misusing funds. The annual reports for previous years are available.
Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)
In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.
Yes people need to learn that we are small in number and need everyone to support each others cause. Even 5 bucks a month from everyone is enough to achieve the dream - average lunch money. Sometimes I'm surprised we're dealing with high skilled immigrants here.
While almost everyone has been in a situation of spending hundreds of dollars in immigration fees. I paid $1000 6 months back for premium processing.
Some people have experienced old corruption in Indian politics and think things are the same here. I assure you its not.
So whats the next excuse going to be now? laziness or boredom?
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kate123
02-12 08:48 AM
Exactly Same thing happened to me last year..
I Complain to IRS and they issued me W2 with in 3 days...
Dont worry you will be alright.. Go ahead and complain to IRS...
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
I Complain to IRS and they issued me W2 with in 3 days...
Dont worry you will be alright.. Go ahead and complain to IRS...
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
more...
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nrk
10-26 08:55 PM
I just talked company A HR, my name one not among the withdrawn list, But he will look into that and let me know tomorrow.
Maybe your I140 was withdrawn by the company A.
Maybe your I140 was withdrawn by the company A.
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harikris
05-30 06:14 PM
I am amazed at the participation.
What does such a response mean?
To me, it is evident that IF the action is clearly defined AND some one has a clear mandate, then people will come together to participate and contribute.
I am tired of hearing how the loopholes in the immigration system are taken advantage of. If we focus on increasing the cap for Indian EB category [across the board] and recapturing the lost visa numbers, then the remaining problems will take care of themselves. For this, we need to lobby until we get a reform legislation to pass.
And for people that are furious that a very small percentage of folks are taking advantage of the system, i urge them to look at the majority of the people that are leading a honest life and take solace. You are not alone in this journey. And don't let lack of GC put a damper on whatever you wish to do. Get creative and make use of the same legal system to achieve what you want. You are in the same framework as those folks that are taking advantage of the system are. Work the system in the right way.
I have neither met a honest person that has ultimately lost nor a dishonest person that has ultimately won. Please have some self-confidence and self-respect and keep fighting for what we truly believe in. When you hit a low point share your experiences with others here - in a productive manner.
What does such a response mean?
To me, it is evident that IF the action is clearly defined AND some one has a clear mandate, then people will come together to participate and contribute.
I am tired of hearing how the loopholes in the immigration system are taken advantage of. If we focus on increasing the cap for Indian EB category [across the board] and recapturing the lost visa numbers, then the remaining problems will take care of themselves. For this, we need to lobby until we get a reform legislation to pass.
And for people that are furious that a very small percentage of folks are taking advantage of the system, i urge them to look at the majority of the people that are leading a honest life and take solace. You are not alone in this journey. And don't let lack of GC put a damper on whatever you wish to do. Get creative and make use of the same legal system to achieve what you want. You are in the same framework as those folks that are taking advantage of the system are. Work the system in the right way.
I have neither met a honest person that has ultimately lost nor a dishonest person that has ultimately won. Please have some self-confidence and self-respect and keep fighting for what we truly believe in. When you hit a low point share your experiences with others here - in a productive manner.
more...
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h1bmajdoor
09-03 09:50 AM
To go one step further on your point, the whole world should have a better understanding and expectation of employment-based immigration to America. When the fact is out, it is really up to the indivdual to make an informed decision without complainting.
here is the reality:
you came here thinking they will love you because of your math skills.
what actually happened: they took all the credit, and 10-15 years of your career without letting you progress.
we got screwed, plain and simple, by the dreams they showed us. we did not read the fine print. that is why we are half lawyers now.
make sure you teach your children to read the fine print. and try to gauge the intentions of those who are showing you dreams.
this is the same country which talked of equality and fraternity of man and then quietly removed colored people from the definition of humans, and legally accepted slavery.
here is the reality:
you came here thinking they will love you because of your math skills.
what actually happened: they took all the credit, and 10-15 years of your career without letting you progress.
we got screwed, plain and simple, by the dreams they showed us. we did not read the fine print. that is why we are half lawyers now.
make sure you teach your children to read the fine print. and try to gauge the intentions of those who are showing you dreams.
this is the same country which talked of equality and fraternity of man and then quietly removed colored people from the definition of humans, and legally accepted slavery.
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gcdreamer05
01-09 12:26 PM
Excellent thanks for explaining so clearly.... gave u a green !!!:D
What is the Federal Government's role in COBRA?
COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.
The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:
U.S. Department of Labor
Employee Benefits Security Administration
Division of Technical Assistance and Inquiries
200 Constitution Avenue NW, Suite N-5619
Washington, DC 20210
The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.
The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:
Centers for Medicare and Medicaid Services
7500 Security Boulevard
Mail Stop C1-22-06
Baltimore, MD 21244-1850
Tel 1.877.267.2323 x61565
I am a federal employee. Can I receive benefits under COBRA?
Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.
Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.
How do I find out about COBRA coverage and how do I elect to take it?
Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.
When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.
Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.
The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.
You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.
Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.
What is the Federal Government's role in COBRA?
COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.
The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:
U.S. Department of Labor
Employee Benefits Security Administration
Division of Technical Assistance and Inquiries
200 Constitution Avenue NW, Suite N-5619
Washington, DC 20210
The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.
The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:
Centers for Medicare and Medicaid Services
7500 Security Boulevard
Mail Stop C1-22-06
Baltimore, MD 21244-1850
Tel 1.877.267.2323 x61565
I am a federal employee. Can I receive benefits under COBRA?
Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.
Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.
How do I find out about COBRA coverage and how do I elect to take it?
Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.
When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.
Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.
The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.
You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.
Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.
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sangmami
07-27 12:44 PM
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
Hope this helps
Thanks
mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Atpugkeviv
12-14 12:31 PM
The status on USCIS site chagned from initial receipt to approved and sent after about 105 days of receipt notice. I hope I recieve it next few days. I had applied to Dallas lock box - paper application.
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